Paraphernalia

Miscellaneous

Falsification of drug tests

Misdemeanor

1 year

$ 2,500

Penalty Details

Marijuana is a Schedule VI drug in TN.500,000200,000

See

Tenn. Code Ann. § 39-17-415 (2015)

Possession

Possession of a half ounce of marijuana or less is a misdemeanor punishable by up to one year in jail and maximum fine of $2,500. A $250 fine is required for all first time convictions. A subsequent offense brings a $500 mandatory minimum fine.

Gov. Bill Haslam signed HB 1478 into law, which will eliminate the provision that makes a third conviction for possession of marijuana a felony. The law took effect on July 1, 2016. This change will reduce the penalty for third-time possession from between one and six years of incarceration to less than one year in jail. In addition, having a misdemeanor rather than a felony record will reduce the collateral consequences associated with the conviction.

See

Tennessee HB 1478 (2016)

Tenn. Code Ann, §39-17-418 (2015)

Tenn. Code Ann. §39-17-428 (2015)

Sale

The sale or possession with the intent to distribute between a half ounce of marijuana and 10 pounds is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.

The sale or possession with the intent to distribute between 10 pounds -70 pounds of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $50,000.

The sale or possession with the intent to distribute between 70-300 pounds of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $100,000.

The sale or possession with the intent to distribute more than 300 pounds of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.

A first-time felony conviction will receive a minimum fine of at least $2,000.

A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.

See

Tenn. Code Ann. § 39-17-417

Tenn. Code Ann. § 40-35-111

Sale to a minor is a felony, which results in an increased penalty (determined by amount of marijuana present) by one sentencing grade.

See

Tenn. Code Ann §39-17-417(k)

Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

See

Tenn. Code Ann. §39-17-432(b)

Cultivation

Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $3,000.

Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.

Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.

Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.

Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.

First-time felony convictions will receive a mandatory minimum fine of at least $2,000.

Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.

Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.

See

Tenn. Code Ann. §39-17-417

Hash & Concentrates

Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See

Tenn. Code Ann. § 39-17-418

Tenn. Code Ann. § 40-35-111

It is a crime to manufacture, deliver, sell, or possess hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment between 1-6 years.

If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment between 1-12 years.

If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment between 3-15 years.

If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment between 8- 30 years.

If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment between 15-60 years.

If the offense occurred within 1,000 feet of a school, recreation center, public library, child day care facility, or park , the penalty is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc.

See

Tenn. Code Ann. § 39-17-417(g),(h),(i)

Tenn. Code Ann. § 40-35-111(b)

Tenn. Code Ann. § 39-17-432

Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See

Tenn. Code Ann. § 39-17-402(12)

Tenn. Code Ann. § 39-17-425

Tenn. Code Ann. § 40-35-111

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.

See

Tenn. Code Ann. §39-17-424

Tenn. Code Ann. §39-17-428

Sale of paraphernalia is a Class E felony, punishable with 1-6 years of incarceration and a maximum fine of $5,000.

See

Tenn. Code Ann. §39-17-425

Miscellaneous

Falsification of Drug Tests

Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.

See

Tenn. Code Ann. §39-17-425

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.